QUESTION

Does my employer have to accommodate my limitations once returned to work?

Asked on Feb 22nd, 2016 on Discrimination - California
More details to this question:
I have returned to work with minor accommodations after a car accident. My employer has not accommodated my restrictions and has been verbally "bullying" me. I have been given 90 days to return to full time without restrictions or they "can let me go". What are my rights to employment?
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1 ANSWER

Discrimination Attorney serving Westlake Village, CA at Law Offices of Stephan Math
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Generally, your employer is obligated under the law to enter into what is called an interactive process with you in order to determine whether a reasonable accommodation can be made. Usually this entails their providing your doctor with a list of your duties so that your doctor can indicate whether and to what extent an accommodation would be medically required for each duty. Bear in mind that if the employer can show that an accommodation would result in a hardship to their business they may be able to deny the accommodation however, if the employer is a large employer this would be unlikely. A refusal on the part of your employer is a violation of the law. You may want to file a complaint with the California Department of Fair Employment and Housing and have them look into the matter. Should you be terminated after having filed this complaint you may also have a claim of unilawful retaliation against your employer. Stephan Math
Answered on Feb 23rd, 2016 at 10:03 AM

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